Texas Workers Comp Guide
Most of the confusion around workers comp in Texas comes from not knowing what happens next. Here's the actual sequence, start to finish.
How to File a Claim in Texas
Report the injury to your employer first — this starts the clock on your claim and is separate from the formal filing deadline.
- Report the injury to your employer as soon as possible
- Seek medical treatment and inform the provider it's work-related
- Your employer files a First Report of Injury with their insurer
- File your own claim within Texas's deadline — see below
- Cooperate with the insurer's investigation and any requested exams
Filing Deadline and Waiting Period
Texas's general filing deadline is 1 year from the date of injury, and there's a 7-day waiting period before wage-replacement benefits begin. See the full filing deadline guide for tolling rules and what happens if you miss it.
Texas-Specific Rules That Affect Your Claim
Texas is the only state where employers can legally opt out of workers comp entirely — known as being a 'non-subscriber.' If your employer is a non-subscriber, your claim doesn't go through the standard workers comp system at all; you'd need to pursue a separate personal injury claim, which works very differently and doesn't cap damages the way workers comp does. Confirm your employer's subscriber status before assuming the standard process applies to you.
What Happens After You File
Once your claim is filed, the insurer has a window to accept, deny, or request more information — how long that takes varies, but persistent follow-up rarely hurts.
Do You Need an Attorney in Texas?
Whether you need an attorney in Texas usually comes down to whether the insurer is disputing something. An uncontested claim for a minor injury rarely requires one; a denied claim or permanent disability almost always benefits from one. Texas caps attorney contingency fees at 25%.